Munish Sharma vs State Of H.P

Vivek Singh Thakur, J

This petition has been preferred seeking regular bail under Section 439 Cr.P.C, in case FIR No. 50 of 2020 dated 13.02.2020 registered in Police Station, Nurpur, District Kangra, H.P. under Sections 21 of the Narcotic Drugs and Psychotropic Substances Act.

Status report stands filed, wherein the circumstances in which 5.57 grams heroine was recovered from the polythene pouch thrown on the road by the petitioner who had started to run away from the spot on seeing the police party, which was checking the vehicles on Defence Road Dharamshala have been reiterated.

The petitioner was arrested on 13.02.2020 and since then, after remaining in police custody, he is in judicial custody. It is also stated that apart-from present case, one case under the NDPS Act has also been registered against the petitioner in police station, Chowari vide FIR No. 152 of 2019. The petitioner is behind bars since last more than seven months. The petitioner had approached learned Special Judge-II, Kangra at Dharamshala for enlarging him on bail in May, 2020, but his bail was rightly rejected by the said Court at that stage.

Considering the entire facts and circumstances placed before me and also the nature and gravity of offence and quantum alleged to have been recovered from the petitioner, I find that at this stage, petitioner may be enlarged on bail. Accordingly, the petitioner is ordered to be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- with one local surety in the like amount to the satisfaction of the trial Court and also subject to the following conditions:-

i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to Court or to any Police Officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

iii) that he shall not obstruct the smooth progress of the investigation/trial;

iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

v) that the petitioner shall not misuse his liberty in any manner;

vi) that the petitioner shall not jump over the bail;

vii) that he shall furnish proof of his place of ordinary residence like certificate of Panchayat or any other authority which may be placed where his mother, brother or wife are residing and he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial; and

viii) he shall not leave India without permission of the Court.

ix) He shall not involve in commission of same and similar offence and in such eventuality, bail in present case shall also be liable to be cancelled.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice.

In case the petitioner violates any conditions imposed upon him him, his bail shall be liable to be cancelled. In such eventuality prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.'

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.

Dasti Copy.